Imagine if Congress passed a law that would encourage and provide veterans with treatment for PTSD. This is an example of which function of law?
What is the social change function of law?
This theoretical perspective’s core principle emphasizes the importance of individual freedom.
What is Libertarianism?
98% of ALL legal cases are filed where in the structure of the dual court system?
What are state courts?
If someone has an unpleasant situation with a roommate, but decides to just deal with it and stay put, instead of taking any action, this person is engaging in this type of dispute resolution.
What is lumping?
This First Amendment case brought a cheerleader’s rant on Snapchat into the Supreme Court.
What is Mahanoy Area School District v. B.L. (2021)?
The duration of punishment for white collar crimes (relative to others) provides an example of this dysfunction of law, which may reflect the interest of powerful economic interests.
What is bias?
Jeremy Bentham is most associated with which theoretical perspective, which emphasizes the “greatest happiness principle”?
What is Utilitarianism?
These 94 courts are the first stop for cases in the federal judicial system.
What are Federal District Courts?
In the Erin Brockovich example, the residents of the community near the factory causing health problems finally confront the company and demand compensation for their health problems and other damages. This stage of disputing is known as naming, blaming, or claiming?
What is claiming?
In this case, the US Supreme Court held that firing an employee based on homosexual/transgender status violates Title VII of the Civil Rights Act.
What is Bostock v. Clayton County (2020)?
During his confirmation hearings, Chief Justice Roberts said that he would “decide every case based on the record, according to the rule of law” and that he would “remember that it’s my job to call balls and strikes and not to pitch or bat.” This perspective most closely aligns with which of the following ways to study law?
What is the study of Legal Doctrine?
This philosophy is often associated with Oliver Wendell Holmes, and holds the view that “the life of law has not been logic, it has been experience.” Rather, that judges are not prejudice free in decision making.
What is Legal Realism?
*****DAILY DOUBLE***** While _________ relies on the use of precedent, ___________ makes a legal decision by trying to figure out what the drafters of the Constitution intended.
What are stare decisis and originalism?
Sander County evolved from a socially cohesive community of ________ relationships to a more diverse community of _______ relationships.
What is multiplex to simplex?
Dobbs v. Jackson Women’s Health Organization (2022) overturned the precedent of this case and – with it – a woman’s right to an abortion that it provided.
Roe v. Wade (1973)
“Law is governmental social control . . . the normative life of a state and its citizens. (Black 1972: 1086)”. This perspective provides which approach to defining law?
What is Law and Official Authority?
According to Durkheim, this type of solidarity exists in small homogenous preindustrial societies where people share the same values and beliefs.
What is mechanical solidarity?
This doctrine allows an individual to be prosecuted for the same act in both federal and state court without it being double jeopardy.
What is dual sovereignty?
Upon being dismissed from jury duty, if someone makes an emotional speech about the problems with the judicial system, they would be demonstrating this type of legal consciousness.
What is "against the law"?
This case posed the following question: Is Mississippi’s law banning nearly all abortions after 15 weeks’ gestational age unconstitutional?
What is Dobbs v. Jackson Women’s Health Organization (2022)?
US Congress making MLK day a holiday in 1983 is an example of which function of law?
What is the dispute resolution function of law?
Marxism emphasizes the relationship between and interests of the bourgeoisie and the proletariat. This theoretical perspective most clearly aligns with which law and society perspective? Consensus or conflict?
What is the conflict perspective?
Federal question doctrine of Article III provides that federal courts may have original jurisdiction over a case under a few different circumstances. Name two of them.
U.S. is a party
Case involves law passed by Congress
Case raises a constitutional issue
Case requires int’l treaty interpretation
In Sander County, if anyone files a lawsuit, this action is found to be extremely offensive to the entire community. Durkheim might say that seeking legal remedies here violates the _________ of this community?
What is the collective conscience/consciousness / equilibrium / etc.?
This case held that warrantless acquisition of cell-site records violates a person's Fourth Amendment rights.
What is Carpenter v. United States (2018)?